Summary: We will not investigate Mr X’s complaint about how the Council removed his relative from his care and investigated under its safeguarding procedures. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We are unlikely to find evidence of fault, and we cannot achieve the outcomes requested.

The complaint

1. Mr X complains about not being allowed access to his relative after the relative said Mr X assaulted them.
2. Mr X says he has been cleared of all charges, but he has no information about his relative’s whereabouts.
3. Mr X says he has been left feeling traumatised and greatly distressed. He would like his Powers of Attorney reinstated, contact with his relative and an apology from the Council.

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The Ombudsman’s role and powers

4. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome however much the complainant disagrees. (Local Government Act 1974, section 34(3), as amended)
6. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating
• we cannot achieve the outcome someone wants

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern, to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (section 42, Care Act 2014)
10. The Office of the Public Guardian (OPG) oversees the work of attorneys.
11. The Council has responded to two complaints from Mr X and his solicitor. It has explained the status on the Power of Attorney issues and why it cannot share any information with him. We will not investigate these matters, because I have not seen any evidence of fault in the Council’s response, or consideration of Mr X’s complaints.
12. As outlined in paragraph ten above, if Mr X considers his Power of Attorney status has been unfairly revoked, he can raise this directly with the Office of the Public Guardian for its consideration. We cannot achieve the outcome requested.

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Final decision

13. We will not investigate Mr X’s complaint, because we are unlikely to find evidence of fault, and we cannot achieve the outcomes requested.

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Investigator's decision on behalf of the Ombudsman